Geer v. . Reams
Supreme Court of North Carolina
MOTION to set aside a judgment heard at Fall Term, 1882, of Orange Superior Court, before Shipp, J. The plaintiff) as assignee of the Citizens National Bank of Raleigh, brought an action to fall term, 1881, of the superior court of Orange county, upon the following promissory note: “$2,500. Four months after date, for value received, being for money borrowed, we promise to pay. the Citizens National Bank of Raleigh, North Carolina, or order, twenty-five hundred dollars,…
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MOTION to set aside a judgment heard at Fall Term, 1882, of Orange Superior Court, before Shipp, J. The plaintiff) as assignee of the Citizens National Bank of Raleigh, brought an action to fall term, 1881, of the superior court of Orange county, upon the following promissory note: “$2,500. Four months after date, for value received, being for money borrowed, we promise to pay. the Citizens National Bank of Raleigh, North Carolina, or order, twenty-five hundred dollars, negotiable and payable at said bank with interest at the rate of eight per cent, per annum after maturity, until paid.…
1Opinion of the CourtAshe, J.
Whether the defendant had a meritorious defence to the action, it seems, turned upon the point whether he was co-surety with the other sureties to the note; and the fact was found by His Honor that he was a co-surety, from which we conclude that His Honor was of the opinion the defendant did not have a meritorious defence; but as the affidavit of the defendant did set forth facts making out a case of excusable negligence under section 133 of the Code, His Honor, in the exercise of his legal discretion, set aside the judgment in part. The defendant, however, insists, in that there was error:…
2Cases cited2 opinions
- Nicholson v. . CoxSupreme Court of North Carolina · 1880
- Bank of Statesville v. FooteSupreme Court of North Carolina · 1877
3Cited by12 opinions
- Goldston v. ChambersSupreme Court of North Carolina · 1967
- Dishman v. DishmanCourt of Appeals of North Carolina · 1978
- Sutherland v. McLeanSupreme Court of North Carolina · 1930
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Gough v. . BellSupreme Court of North Carolina · 1920
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